|
Avoid the debt collection and debt harassing from a debt collector
You can avoid debt collection and debt harassing from a debt collector
by running away, but that is NOT what we recommend. There are better
ways to avoid debt collection. First, start a good debt management
program NOW. Do not wait until you are getting debt collection calls
everyday. Those debt harassing phone calls from a debt collector
are annoying and can be depressing. Debt collection is the debt
collector's job. He or she does not usually just pick up the phone
and call you out of the blue. If a debt collector is calling you,
more than likely they are working for a debt collection agency.
But, if the phone calls from the debt collection agency elevate
to debt harassing, then it is time to take a stand. You have rights
and make sure you know them. You can also learn more about the Fair
Debt Collection Practices Act.
We briefly touched upon avoiding debt collection by enrolling with
a debt consolidation company. Once you join a debt consolidation
program creditors will have to stop harassing you and in effect
will bring an end to debt collection. You can get free
debt consolidation help to avoid debt collection. A debt collector
has no power over you. All they can do is keep calling you. But
even then, they are limited in that scope of debt collection as
well.
Debt Collection
No one likes getting that call which tells you what you already
know. You've already received 1-5 letters telling you the debt is
past due and in the debt collection phase. These were probably from
the original creditor. But now it has been turned over to a debt
collection agency and they can intimidate. So what can you do? Here
are some pointers. [Please note. These pointers are offered only
to buy you some time or to stop debt harassment. They are not intended
to offer an escape from responsibility.
The first thing you can do is
be aware that a debt collection agency can do very little without
the original creditor. Remember that the debt collection agency
works for the creditor. Therefore one tactic to deal with an agency
is stall. Asking questions about the validity of the bill will force
the agency to return to the creditor for confirmation. By the way,
if you want to negotiate, it is always a good idea to try to work
with the creditor first. The creditor has a wider range of options
than an agency. Sometimes the original creditor will no longer deal
with the debt once turned over to an agency, but try anyway.
Be aware of the Statute of Limitations
(SOL) for Debt for your state. The SOL is an oft violated issue
with debt collectors and often suits are even issued which can be
set aside by the debtor if the debtor knows the SOL has passed.
In fact, a counter suit could actually be brought if you receive
papers stating you will be sued because this is harassment based
upon an action that cannot take place which is against the law.
If you choose not to deal with
a debt collection agency you have that right. Send the debt collection
agency a letter so stating. At that stage they may contact you only
to tell you that efforts to collect will stop or that the agency
is taking action such as suing. To make this decision, the agency
and creditor make a determination as to the likelihood of collecting,
amount of debt, chances of winning a suit measured against court
costs, etc., and assets owned by the debtor. Quite often, it is
in the creditor and agency's best interest to simply forget the
debt.
If a debt is "charged off",
this does not mean someone can't try to collect on the debt. "Charge-off"
is simply an accounting term for the benefit of the creditors books.
If the agency violates the FDCPA
make sure you are heard. The louder you yell the better the chance
that the entire debt may be dropped. As a minimum however, a complaint
should be registered with the originating creditor, your state's
attorney general, and the Federal Trade Commission. You also have
a right to sue the agency for harassment in which case the original
creditor should be named as a co-defendant in the suit.
Of course, when talking to the
creditor you want to insure the creditor is aware that you might
consider not suing for a consideration such as forgetting the debt
and correcting any discrepancies on your credit file. You might
also consider that if you don't have the proof required to sue,
the agency may not know that.
You need to maintain control because the only control a debt collector
has is his intimidation over you. Turn the tables on the debt collector
and intimidate them first... not by threatening but by NOT playing
their game.
Related Articles
Debt Collector
Debt Harassing
|
